Notice_of_Intent_1.pdf

Notice of Intent to Sole Source

Solicitation Number: 75N94024Q00109 Solicitation Type: Sole Source (Non-Competitive) Title: NICHD: Service: PremiumPlusCare STELLARIS 405 Service Agreement NAICS / Size Standard: 811210 / 34 Million

Introduction

THIS IS A PRE-SOLICITATION NON-COMPETITIVE (NOTICE OF INTENT) SYNOPSIS TO AWARD A PURCHASE ORDER WITHOUT PROVIDING FOR FULL AND OPEN COMPETITION. The National Institute of Child Health and Human Development (NICHD), Office of Acquisitions (OA), intends to negotiate and award a purchase order on a noncompetitive sole source basis to Leica Microsystems Inc to provide the PremiumPlus Care STELLARIS 405 Service Agreement.

Background Information

The NICHD Microscopy & Imaging Core (MIC) acquired a Leica Stellaris confocal microscope in 2023. This high-end microscope is capable of STED super-resolution imaging. Equipped with a white-light laser, 3 STED depletion lasers, and capable of full fluorescence lifetime, the Institute spent more than 1 million dollars on this equipment. Due to its high cost and extreme complexity, maintaining and repairing this microscope is extremely challenging, costly, and require access to proprietary manufacturing information is not publicly available.

Purpose and Objectives

The lab needs a service agreement to maintain the Leica Stellaris confocal microscope.

Period of Performance

The period of performance is August 1, 2024 through July 31, 2025.

Contractor Requirements

The contractor needs to perform the following as part of the PremiumPlusCare STELLARIS 405 Service Agreement:

• 1 annual preventative maintenance visit (PM).

• Unlimited on-site repairs, including replacement for service parts, components, or modules necessary for repairs (excluding lasers, unless quoted separately).

• Prioritized on-site response time for remedial services (critical repairs).

• Unlimited access to Leica OneCall Technical Support Center (standard working hours).

• 2-hour telephone call back from Leica OneCall.

• Unlimited access to Remote Services (RemoteCare proactive monitoring).

• Firmware and software updates when available (excluding software upgrades and Windows upgrades).

• All services must be performed by factory-trained and certified Field Service Engineers with genuine Leica Microsystems parts to meet the original equipment manufacturer (OEM) specifications.

Sole Source Justification

Maintenance and repair of a piece of equipment as sophisticated and complex as a $1M STED/lifetime confocal microscope requires advance engineering expertise in the field, access to proprietary parts, and knowledge of certain intellectual property covered information. No one besides the manufacturer has access to these resources. As a result, Leica Microsystem is the only contractor who can credibly provide a service contract for the MIC STED/lifetime confocal microscope.

Regulatory Authority

This acquisition is conducted under the authority of the Federal Acquisition Regulations (FAR) Subpart 13.106-1(b) Soliciting from a single source. (1) For purchases not exceeding the simplified acquisition threshold, contracting officers may solicit from one source if the contracting officer determines that the circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, or industrial mobilization).

FAR Clauses

The provision at FAR clause 52.212-1, Instructions to Offerors – Commercial Items, applies to this acquisition.

The provision at FAR clause 52.212-2, Evaluation – Commercial Items, is applicable. The Government will award a contract resulting from this notice to the offeror listed above. The following factors shall be used to evaluate the offer: The contractor shall demonstrate its ability to provide the detector listed that meets the specifications provided above.

FAR clause 52.212-3, Offeror Representations and Certifications – Commercial Products and Commercial Services, is applicable. The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through

(v) of this provision.

FAR clause at 52.212-4, Contract Terms and Conditions – Commercial Products and Commercial Services applies to this acquisition.

FAR clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Products and Commercial Services applies to this acquisition.

Additional Information

The North American Industry Classification System (NAICS) Code is 811210 and the Small Business Size

Standard is 34 Million. This acquisition is being conducted under FAR Part 13, Simplified Acquisition Procedures, therefore the requirements of FAR Part 6, Competitive Requirements, are not applicable and the resultant award will include all applicable provisions and clauses in effect through the Federal Acquisition Circular 2024-05 effective April 22, 2024.

This synopsis is not a request for competitive proposals. However, interested parties may identify their interest and capability to respond to this notice. Responses to this notice shall contain sufficient information to establish the interested parties’ bona-fide capabilities for fulfilling the requirement and include: unit price, list price, shipping and handling costs, the delivery period after contract award, the prompt payment discount terms, the F.O.B. Point (Destination or Origin), the Unique Entity Identifier (UEI), the Taxpayer Identification Number (TIN), and the certification of business size. All offerors must have an active registration in the System for Award Management (SAM) www.sam.gov. A determination by the Government not to compete this proposed contract based upon responses to this notice is solely within the discretion of the Government. The information received will normally be considered solely for the purposes of determining whether to proceed on a non-competitive basis or to conduct a competitive procurement.

All responses must be received by May 21, 2024 05:00 PM ET and must reference solicitation number.

75N94024Q00109. Responses shall be submitted electronically to nicole.freid@nih.gov. Responses will only be accepted if dated and signed by an authorized company representative. All responsible sources may submit a bid, proposal, or quotation which shall be considered by the agency.

http://www.sam.gov/ mailto:nicole.freid@nih.gov